The Ruling on Selling a Livestock Conditioned on Expected Pregnancy
✒ Fatwa by: Shaykh ʿAbdullāh ibn ʿAqīl – Fatāwā, p. 278
If a cow or livestock is sold with the condition that it is pregnant, then the general condition of pregnancy is valid.
However, specifying the expected month of delivery (e.g., "it must give birth in such-and-such month") is not a valid condition, although it does not invalidate the contract itself.
① If the cow fails to give birth within the expected period according to its usual gestation norms, then:
— The buyer has the right to either:
• Retain the animal and seek compensation (for lack of the stated trait), or
• Cancel the sale altogether.
② This is based on the Fiqh maxim:
"The absence of a stated characteristic is akin to a defect."
(فَفُقْدَانُ الوَصْفِ كَالعَيْبِ)
③ If the buyer chooses to cancel the sale, then:
— The cost of the feed (provided by the buyer during the possession of the cow) will be paid from the buyer’s own money.
— This is based on the principle that had the cow died, the loss would have fallen upon the buyer, as the contract is valid and implies ownership.
➤ The buyer’s use or feeding of the cow does not mean that he is accepting the animal despite the defect.
➤ If he chooses to keep it with the intention of claiming compensation, and is even ready to swear an oath to this effect, then that is acceptable —
Even if he did not produce witnesses, or could not find any.
✒ Fatwa by: Shaykh ʿAbdullāh ibn ʿAqīl – Fatāwā, p. 278
❖ Overview of the Issue:
If a cow or livestock is sold with the condition that it is pregnant, then the general condition of pregnancy is valid.
However, specifying the expected month of delivery (e.g., "it must give birth in such-and-such month") is not a valid condition, although it does not invalidate the contract itself.
✔ Guiding Principles and Rulings:
① If the cow fails to give birth within the expected period according to its usual gestation norms, then:
— The buyer has the right to either:
• Retain the animal and seek compensation (for lack of the stated trait), or
• Cancel the sale altogether.
② This is based on the Fiqh maxim:
"The absence of a stated characteristic is akin to a defect."
(فَفُقْدَانُ الوَصْفِ كَالعَيْبِ)
③ If the buyer chooses to cancel the sale, then:
— The cost of the feed (provided by the buyer during the possession of the cow) will be paid from the buyer’s own money.
— This is based on the principle that had the cow died, the loss would have fallen upon the buyer, as the contract is valid and implies ownership.
⚠ Regarding Buyer’s Conduct:
➤ The buyer’s use or feeding of the cow does not mean that he is accepting the animal despite the defect.
➤ If he chooses to keep it with the intention of claiming compensation, and is even ready to swear an oath to this effect, then that is acceptable —
Even if he did not produce witnesses, or could not find any.
Summary:
- Selling livestock on the general condition of being pregnant is valid.
- Specifying an exact due date is not a valid condition, but it does not nullify the sale.
- Failure of the stated trait to appear gives the buyer options for cancellation or compensation.
- Costs incurred (like feeding) are borne by the buyer if he cancels the contract.
- Buyer must clarify his intent, and his oath can establish that he did not forgo his right to claim.
